Anti-Money Laundering and Counter-Terrorist Financing Policy
This is the Anti-Money Laundering ("AML") and Counter-Terrorist Financing ("CTF") Policy of Valens Pay. Valens Pay is a Trading Name of Valens Pay Limited (“Valens Pay”).
INFORMATION ABOUT US
Valens Pay is a Trading Name of Valens Pay Limited as registered with the British Columbia Register in Canada. Valens Pay Limited is licenced by and registered with FINTRAC as a Money Service Business with FINTRAC license no. M21914872 as required by the Canadian Federal Law combating money laundering and terrorism financing for businesses such as Valens in the financial sector. Any concerns about the AML and CTF policies of Valens Pay and its services should be addressed to the Company.
As used in these AML and CTF policies, “Valens Pay Limited” or “Valens Pay” or “Valens” or “the Company” or “us” or “we” refers to the company Valens Pay Limited, registered in Canada with the British Colombia Register under the company number BC1278918 with its registered address at 302-540 Lawrence Avenue, Kelowna V1Y 6L7, British Colombia, Canada.
Money laundering is defined as the process where the identity of the proceeds of crime are so disguised that it gives the appearance of legitimate income. Criminals specifically target financial services firms through which they attempt to launder criminal proceeds without the firm's knowledge or suspicions.
In response to the scale and effect of money laundering, Canada has passed legislation designed to prevent money laundering and to combat terrorism. This legislation, together with regulations, rules and industry guidance, forms the cornerstone of Valens Pay ‘s AML and CTF obligations for Canadian firms and outlines the offences and penalties for failing to comply.
Valens Pay is subject to provisions on Anti Money Laundering (AML) under the laws of Canada, which are in accordance with the FATF recommendations. Canada is a member country of the Financial Action Task Force (FATF). This means in particular that Valens has to identify its customers and establish the beneficial owner's identity. The AML compliance policies approved by the Management Board include inter alia the processes for the identification of the customers and establishing the identity of the beneficial owner. The policies also cover the collection of information regarding the customers' business activities, relationships with Politically Exposed Persons and record retention procedures. Furthermore, Valens regularly provides AML training to relevant employees and does not provide banking services to any bank that does not maintain a physical presence in any country and that is not a regulated affiliate. The anti-money laundering policies are applicable to head office and branches alike and are in accordance with the Wolfsberg anti-money laundering principles.
The Valens Pay AML Policy is designed to prevent money laundering by meeting the Canadian standards on combating money laundering and terrorism financing, including the need to have adequate systems and controls in place to mitigate the risk of the firm being used to facilitate financial crime.
This AML Policy sets out the minimum standards which must be complied with and includes:
The appointment of a Money Laundering Reporting Officer (MLRO) who has sufficient level of seniority and independence and who has responsibility for oversight of compliance with relevant legislation, regulations, rules and industry guidance;
Establishing and maintaining a Risk Based Approach (RBA) towards assessing and managing the money laundering and terrorist financing risks to the company;
Establishing and maintaining risk-based customer due diligence, identification, verification and know your customer (KYC) procedures, including enhanced due diligence for those customers presenting higher risk, such as Politically Exposed Persons (PEPs);
Establishing and maintaining risk based systems and procedures to monitor on-going customer activity; Procedures for reporting suspicious activity internally and to the relevant law enforcement authorities as appropriate;
The maintenance of appropriate records for the minimum prescribed periods;
Training and awareness for all relevant employees.
It is prohibited to provide any product or service or process any transaction for the benefit of individual or entity included in the international sanctions lists. As such, the adherence with applicable laws and regulations in relation to prevention of money laundering and terrorist financing, (hereinafter referred to as “AML”) is mandatory and fundamental to strategy and program.
Valens Pay has strict and transparent standards and continuously strengthens its processes so as to ensure compliance with applicable AML laws and regulations.
Valens Pay reserves the right to reject any customer, payment or business that is not consistent with the Valens Pay AML policy, irrespective of the requirements of the applicable AML laws and regulations.
Valens Pay is committed to:
In terms of its obligations at law, Valens Pay is obliged to determine the applicant for business, the Customer or any beneficial owner, and to verify that such person is the person he purports to be, as well as to determine whether such person is acting on behalf of someone else, and to establish the purpose and intended nature of the business relationship and to monitor this relationship on an ongoing basis. In order to successfully adhere to its obligations, Valens Pay has developed Customer due diligence (“Due Diligence”) measures which must be implemented by Valens Pay and adhered to by its management and employees.
The Due Diligence measures assist Valens Pay in determining whether a particular Customer falls within their risk appetite, as well as helps the Company clearly understand the business activities of the Customer in such a way that any transactions which fall outside the business profile of the company may be investigated to determine whether any money laundering or funding of terrorism may be involved. This enables the Company to inform relevant authorities in a timely manner with adequate information on its Customer and their activities when such a request is made.
In summary, Valens Pay has adopted its Due Diligence policies in order to successfully carry out the following:
Valens Pay has no AML risk appetite for customers who engage in any of the following activities:
The Company has no risk appetite for customers or transaction to or from jurisdictions which are identified as high-risk third countries on the lists of jurisdictions having serious deficiencies in their anti-money laundering regimes drawn up by the Canadian proceeds of crime (money laundering) and terrorist financing act and / or the FATF and / or any other relevant anti money laundering governing bodies of our AML KYC CTF partners from time to time, and/or the Company as amended from time to time. Valens Pay intends to conduct business only with reputable customers who use their own products, services, and related accounts for legitimate purposes, and whose identities can be determined and verified. In keeping with that principle, the Company will not knowingly conduct business with customers that seek to process payments through the Company involving:
Please note that the company may suspend or terminate business relationship with the customer subject to the requirements of applicable AML laws and regulations.
Valens Pay is prohibited from transacting with individuals, companies and countries that are on prescribed Sanctions lists. Valens Pay will therefore screen against the relevant sanctions lists in the jurisdictions in which we operate.
Valens Pay has no AML Risk Appetite for establishing or maintaining a customer or a counterparty relationship with a natural person or legal entity designated on any of the below lists or where otherwise prohibited by applicable law or regulation:
In addition, Valens Pay pays particular attention to entities from countries which are on the list of noncooperative countries and territories drawn up by the Financial Action Task Force (FATF) and to monetary operations or transactions performed by or on behalf of them.
Valens Pay AML policy includes customer’s and beneficial owner’s due diligence and ongoing AML monitoring and AML reporting policies. At various points in time, Valens Pay may request information regarding the transactions carried out through the customer’s account opened at Valens Pay and the parties of the respective payment. If the customer may not respond sufficiently or within a timely manner, Valens Pay also reserves the right to reject any respective payments subject to the requirements of the applicable AML laws and regulations.
Valens Pay Limited
302-540 Lawrence Avenue
Kelowna V1Y 6L7
Company no. BC1278918
84 Eccleston Square, Pimlico
London SW1V 1PX
Godthaabsvej 27, 1
Akuruhi Tower, Floor 9
124 Tran Quang Khai street, Tan Dinh Ward, District 1
Ho Chi Minh City
FINTRAC MSB License M21914872
Member of the Canadian Money Service Business Association (CMSBA).